US embassy cable - 04BOGOTA13217

UNCLAS SECTION 01 OF 02 BOGOTA 013217 
 
SIPDIS 
 
SENSITIVE 
 
SOUTHCOM FOR POLAD 
 
E.O. 12958: DNG: UN 12/30/2014 
TAGS: PGOV, ECON, KJUS, CO 
SUBJECT: OVERVIEW OF CONGRESSIONAL SESSION 
 
REF: A) BOGOTA 12860 
 
B) BOGOTA 9325 
C) BOGOTA 8856 
D) BOGOTA 7424 
 
1. (SBU) Summary: Passage of presidential reelection 
reform and implementing legislation for a new criminal 
procedure code were the principal accomplishments of the 
last session of Congress.  Political wrangling prevented 
the Congress from dealing effectively with key pension and 
tax reform bills.  Media coverage claiming Congressional 
indolence, a circus-like appearance before Congress by 
paramilitary leaders, and a decision by the Constitutional 
Court to strike down anti-terrorism legislation based on 
procedural irregularities were low points.  President 
Uribe has continued to maintain high approval ratings in 
spite of tension with the Legislative Branch.  Congress is 
ignoring public opinion at its own peril.  End Summary. 
 
2. (U) The most notable accomplishment of the July- 
December Congressional session was passage of 
Constitutional reform to permit presidential reelection 
(ref A).  That issue occupied a large portion of the 
Congressional agenda during the period.  In addition, 
Congress passed (and the President signed) a new criminal 
procedure code (ref B), which will bring an accusatory 
(oral) criminal justice system into force on January 1 in 
Bogota and the Coffee Region Departments (Caldas, Quindio, 
and Risaralda).  Congress also passed legislation to 
implement the new penal code and organizational law of the 
Prosecutor General's Office (Fiscalia) and completed the 
first two of the required four rounds of approval of 
pension reform legislation, including measures to end 
additional monthly payments and special pension regimes 
and cap the highest pensions at 25 times the minimum wage. 
 
3. (SBU) Congress was unable to pass legislation on tax 
reform, a key component of President Uribe's domestic 
agenda, and the prolonged impasse over the issue 
negatively impacted the session's productivity.  Working 
together with the GOC, various proposals were floated in 
Congress concerning changes to the value added tax (VAT). 
Debate centered on expanding the basket of taxable items 
at a lower rate, or raising the VAT on currently taxed 
items.  Toward the end of the session, lawmakers from the 
Conservative (normally allied with the President) and 
Officialist Liberal Parties, and several small left-of- 
center movements, walked out, killing fiscal reform for 
2004. 
 
4.  (SBU) Uribista (pro-Uribe) Liberals reneged on earlier 
commitments to Conservatives, Officialist Liberals, and 
center-left movements to support a so-called "Opposition 
Statute," which would have mandated that the second-place 
party in presidential elections be awarded the 
directorships of governmental watchdog agencies such as 
the Inspector General's Office (Procuraduria) and the 
Comptroller (Contraloria).  The backlash from 
Conservatives over this issue torpedoed other key pieces 
of legislation.  The "Bancadas" law, geared toward 
strengthening internal party discipline within the 
Congress, is under consideration by the House but has made 
little progress.  The legislation, which would require the 
naming of whips and would strictly allocate debate time 
based on party size, has met with resistance from the 
small center-left parties, Officialist Liberals, and even 
some Uribistas. 
 
5. (SBU) Media attention on empty plenary sessions, early 
suspension of planned debates, and other signs of 
procedural wrangling caused a deterioration of the 
public's already low opinion of Congress.  Of all public 
institutions in Colombia, the Congress is consistently 
viewed in the most negative light in major polls. 
Congress' standing with the public and leading media 
outlets also suffered from the circus-like atmosphere of 
an appearance in Congress by paramilitary commanders in 
July (ref D).  In addition, the Constitutional Court's 
decision to strike down controversial anti-terrorism 
legislation passed by Congress (ref C) called the 
institution's deliberative mechanisms into question.  The 
Court overturned the legislation based on alleged coercion 
and fraudulent vote counting.  Tension between the 
Congress and high courts--including draft legislation to 
abolish the Constitutional Court--could spill over into 
2005 as the Court hears suits brought against various 
pieces of legislation. 
 
6. (SBU) Comment:  With Congressional and Presidential 
elections scheduled for March and May 2006, respectively, 
the relationship between the executive and legislative 
branches will grow more politicized.  Some of the proposed 
tax measures would affect middle and upper-middle class 
Colombians, and are a difficult sell.  In addition, 
members of Congress are starting to focus on their 
reelection prospects, and their voting will become even 
more focused on local issues, including patronage and 
pork, two areas in which Uribe has not been willing to 
accommodate legislators.  Uribe's integrity may have 
earned points with voters, but not with the legislators, 
who would benefit from more political largesse. 
 
WOOD